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September 2015

On September 11, 2015, the California Legislature passed a series of bills creating a comprehensive regulatory framework for the Medical Marijuana Industry in California. Amended versions of Senate Bill 643, Assembly Bill 266, and Assembly Bill 243 passed and have been sent to the Governor’s Office for his signature.

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As of July 1, all new smartphones sold or shipped to consumers in California must include a “kill switch” device, pursuant to California Business and Professions Code section 22761. The new law, which was signed by Governor Jerry Brown in August of 2014, is aimed at deterring smart phone theft.

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Recently, a federal court in California certified a class action of Uber drivers who claim they are really employees and were misclassified by Uber as independent contractors. Uber defended the class status of the Uber drivers, arguing that each driver, as independent contractors, had a special contractual relationship with Uber and couldn’t prosecute their individual claims as a class.

Drivers for a similar service, Lyft, are also suing and alleging class claims under California’s Labor Code.

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Lawyers have their own peculiar jargon, often using just numbers to convey positions, settlement offers, and tactics. One of the most commonly used numbers is found in Code of Civil Procedure (CCP) Section 998, technically an “Offer to Compromise” in a dollar certain amount that settles the litigation. An “Offer to Compromise” pursuant to CCP Section 998 can be made up to 10 days before the commencement of trial, by either side. If that offer is not accepted, it is deemed withdrawn after 30 days have passed. Then, if the party to whom the offer is made fails to obtain a verdict less than